PUBLIC LAW 108–159—DEC. 4, 2003
117 STAT. 1977
‘‘(iii) disclose any credit score or related information obtained by the user after a loan has closed; ‘‘(iv) provide more than 1 disclosure per loan transaction; or ‘‘(v) provide the disclosure required by this subsection when another person has made the disclosure to the consumer for that loan transaction. ‘‘(F) NO OBLIGATION FOR CONTENT.— ‘‘(i) IN GENERAL.—The obligation of any person pursuant to this subsection shall be limited solely to providing a copy of the information that was received from the consumer reporting agency. ‘‘(ii) LIMIT ON LIABILITY.—No person has liability under this subsection for the content of that information or for the omission of any information within the report provided by the consumer reporting agency. ‘‘(G) PERSON DEFINED AS EXCLUDING ENTERPRISE.—As used in this subsection, the term ‘person’ does not include an enterprise (as defined in paragraph (6) of section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992). ‘‘(2) PROHIBITION ON DISCLOSURE CLAUSES NULL AND VOID.— ‘‘(A) IN GENERAL.—Any provision in a contract that prohibits the disclosure of a credit score by a person who makes or arranges loans or a consumer reporting agency is void. ‘‘(B) NO LIABILITY FOR DISCLOSURE UNDER THIS SUBSECTION.—A lender shall not have liability under any contractual provision for disclosure of a credit score pursuant to this subsection.’’. (d) INCLUSION OF KEY FACTOR IN CREDIT SCORE INFORMATION IN CONSUMER REPORT.—Section 605(d) of the Fair Credit Reporting Act (15 U.S.C. 1681c(d)) is amended— (1) by striking ‘‘DISCLOSED.—Any consumer reporting agency’’ and inserting ‘‘DISCLOSED.— ‘‘(1) TITLE 11 INFORMATION.—Any consumer reporting agency’’; and (2) by adding at the end the following new paragraph: ‘‘(2) KEY FACTOR IN CREDIT SCORE INFORMATION.—Any consumer reporting agency that furnishes a consumer report that contains any credit score or any other risk score or predictor on any consumer shall include in the report a clear and conspicuous statement that a key factor (as defined in section 609(f)(2)(B)) that adversely affected such score or predictor was the number of enquiries, if such a predictor was in fact a key factor that adversely affected such score. This paragraph shall not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, but only to the extent that such company is engaged in such activities.’’. (e) TECHNICAL AND CONFORMING AMENDMENTS.—Section 625(b) of the Fair Credit Reporting Act (15 U.S.C. 1681t(b)), as so designated by section 214 of this Act, is amended— (1) by striking ‘‘or’’ at the end of paragraph (2); and (2) by striking paragraph (3) and inserting the following:
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